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550 So. 2d 40

550 So.2d 40

14 Fla.L.Weekly 1954

Varela v. State

District Court of Appeal of Florida

Decided August 16, 1989

District Court of Appeal of Florida · decided 1989-08-16

Cited by 3 later decisions — most recently February 1995

3 state decisions

Relies on 444 So. 2d 947 - Jenkins v. State · 530 So. 2d 960 - Varela v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1989-08-16

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SCHOONOVER, Judge.

¶1The appellant, William Varela, challenges the sentences imposed upon him after this court reversed his original sentences in Varela v. State, 530 So.2d 960 (Fla. 2d DCA 1988). Except for the imposition of certain costs, we find no merit in any of his contentions and, accordingly, affirm. We agree, however, that the trial court erred by requiring the appellant to pay $5000 for the cost of prosecution and a $250 payment to the court improvement fund in addition to the $240 court costs imposed at appellant’s original sentencing. These additional costs were imposed without adequate notice or opportunity to object as mandated by Jenkins v. State, 444 So.2d 947 (Fla.1984). We, accordingly, strike the additional assessments without prejudice to the state seeking to have them reimposed after proper notice.

¶2Affirmed as modified.

RYDER, A.C.J., and PATTERSON, J., concur.
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